UNITED NATIONS

United Nations Mission in the Republic of South Sudan

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Flash Human Rights Report on the

Escalation of Fighting in Greater Upper
Nile.
April/May 2015
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29 June 2015

I.

Introduction

1.
Eighteen months after the start of conflict in December 2013, during which the scale and intensity
of fighting has vacillated, fighting flared again in April 2015 and has been accompanied by allegations of
serious human rights violations and abuses. Within days after the latest fighting started, the United
Nations Mission in South Sudan (UNMISS) Human Rights Division (HRD) started receiving reports from
civilians fleeing the fighting from rural areas in Unity and later from Upper Nile and northern Jonglei
about alleged killings, rapes and abductions, along with the looting and destruction of civilian objects
and humanitarian assets.
2.
In accordance with its mandate to monitor, investigate and report on such allegations, HRD
started interviewing civilians arriving at the protection of civilians (PoC) sites in Rubkona/Bentiu and
gathering information from various partners operating in the areas. Parallel contacts were established with
the Sudan Peoples Liberation Army (SPLA) and government officials, in addition to the Sudan Peoples
Liberation Movement/Army in Opposition (SPLA/M-IO), to gain access to the sites of alleged human
right violations and seek further information about allegations. HRD has been able to gather information
from various sources that confirm the upsurge in fighting in several parts of Unity, as well as in Upper
Nile, painting a grim picture in the aftermath of the fighting of its impact on the civilian population in
these areas.
3.
The upsurge in fighting and associated allegations of atrocities in Greater Upper Nile has drawn
widespread condemnation from international actors, including various senior United Nations officials, the
African Union, diplomatic missions and human rights organizations. HRD hopes that this report will
contribute to the efforts to bring an end to the violence, to hold perpetrators to account for the human
rights and humanitarian law violations that they have committed against civilians, especially women and
children, and end the pervasive and persistent impunity.
4.
Information included in this report was gathered in accordance with the human rights monitoring
and investigations methodology developed by the Office of the United Nations High Commissioner for
Human Rights (OHCHR). Incidents have been reported only if informed consent was obtained from the
source, and only if no protection risk was posed by its disclosure. This report documents some of the
allegations of human rights violations received in April, May and early June 2015, but it should not be
considered conclusive. This report merely aims to shed light on what HRD has been able to gather so far
to complement information that has been reported by other actors and to offer an initial glimpse into new
and disturbing levels of violence.
5.
HRD is pursuing efforts to interview victims, survivors and witnesses and investigate sites of the
alleged violations as access permits, and as fighting continues. Following the recent attacks, UNMISS has
contacted SPLA to gain access to reach the scenes of the extensive violence as much of the violence has
occurred in rural locations without any UNMISS presence but access was regularly denied. Indeed,
during the period when most of the attacks took place, the SPLA had imposed restrictions of movement
on UNMISS and humanitarian actors, thereby preventing possible human rights investigations and
humanitarian action in affected locations. This has caused delays in human rights investigations and the
loss of crucial information.
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6.
Following the attacks that began in April, HRD had by the time of writing been able to interview
115 victims and witnesses, consisting predominately of females, from several villages in Rubkona, Guit,
Koch, Leer and Mayom counties in Unity. From 26 to 29 April, UNMISS was not allowed to move
anywhere in the state, while movement was allowed sparingly between 1 and 25 May, and only then
between Rubkona and Bentiu, but not to locations where most of the alleged human rights violations
referred to in this report took place. The first mission to such a location took place on 26 May, when
UNMISS conducted a mission to Nhialdiu. A second mission was conducted to Koch on 27 May, and a
third on 29 May to Ngop in Rubkona County. Preliminary findings from these locations and other
materials including satellite images and photos are consistent or corroborate most of the testimonies
collected from victims and witnesses.
7.
UNMISS is currently planning investigation missions to additional locations of alleged human
rights violations and therefore is encouraged by the recent announcement by the SPLA spokesperson that
it would facilitate access to the areas affected by the conflict. UNMISS is awaiting the opportunity to
investigate and verify the allegations. Every day without access diminishes the chances of encountering
critical information and increases the likelihood of continued impunity.

II.

The Upsurge in Fighting

8.
After an initial phase that included fighting in the capital, Juba, in December 2013, the conflict in
South Sudan has since then been largely concentrated in the northeast of the country in the Greater Upper
Nile region, especially affecting the states of Unity and Upper Nile, as well as the northern part of
Jonglei. The intensity and scale of the fighting has vacillated since December 2013, with spikes in April
and October 2014 for example, along with periods of lull. This has meant almost persistent instability for
the civilian population in these areas and serious deprivations of their basic human rights.
9.
Since the last week of April 2015, an intense surge of fighting in Unity has been followed by the
defection of the formerly SPLA forces under the command of Johnson Olonyi in Upper Nile, leading to
violent battles for Malakal and Melut. In Jonglei, meanwhile, recent reports indicate that such northwestern areas as Fangak, Canal, Ayod and Duk have witnessed clashes.
10.
From witness accounts and UNMISS observations of the fighting in Unity starting late April, it
appears that government forces attacked villages from three fronts in different directions: from Mayom
into Mayom and Rubkona counties (first front); from Bentiu into Guit, Koch and Leer counties (second
front); and from Lakes State into Mayendit and Panyjar counties (third front). [See map showing the
attacks and civilian displacements.]

Government forces from Mayom attacked villages south-east of Mayom county. Between 25 and 26
April, the forces attacked Buoth, and then proceeded to Wicok. The forces then advanced from Wicok,
joining the second front which advanced south-west from Bentiu and Rubkona on 29 April, to attack and
capture Nhialdiu, which had been the headquarters of the opposition for almost a year. Dozens of villages
were attacked along the way.
11.
Secondly, government forces attacked Nhialdiu and then moved east and south-east of Nhialdiu,
and southerly from Bentiu to attack villages in Guit and Koch counties capturing Guit and Koch on 30
April and 8 May respectively. An UNMISS mission to Koch on 27 May revealed that the town was not
then in control of either side.
12.
Finally, government forces and armed militia from neighbouring Lakes attacked Mayendit, Leer
and Panyjar counties between 15 and 19 May.
13.
Attacks on these locations uprooted thousands of civilians, who fled into the wilderness with little
chance to reach the UNMISS PoC site in Bentiu. This was in part due to existing SPLA defence rings
around Bentiu and Rubkona. There is also evidence of the establishment of a new ring and additional
checkpoints by the SPLA in the vicinity of the UNMISS PoC site, which, though set up to prevent
opposition movements, appears to have deterred or pushed civilians further away from any form of
protection.
14.
Furthermore, witness testimonies indicate that the opposition forces were overrun by the
government forces and armed militias. For several months prior, the opposition had managed to hold
control of all southern counties, repulsing government forces each time they attempted to attack. This had
apparently created a certain level of confidence among civilians population living in the opposition
controlled areas, so that when the government forces launched attacks in April, most civilians were
probably confident that the opposition would defend their territories. This did not happen, however, and
most civilians, mainly women and children, were caught unprepared in their homesteads.
15.
The nature and level of the new alleged human rights violation point to the further ethnicization
of the conflict represented by the introduction of associated armed groups comprised of militias drawn
from specific communities. Lacking military training, militias from the various ethnic sub-groups of the
region have been armed to serve largely as auxiliaries to more conventional forces. Such non-traditional
armed groups tend toward indiscipline and lack of customary respect for the authority of elders.1 The new
tactics also appear to invite retaliatory strikes, as exemplified by an alleged SPLM/A-IO ambush of a
government vehicle transporting civilians at Guit Junction in Unity on 7 June that left several women and
children dead and others wounded.
16.
Notable in the attacks in Rubkona, Guit and Koch counties was government forces reliance on
such militias from particular ethnic sub-groups, exploiting but also deepening rifts between ethnic

The rise and development of militia groups since the split in the SPLM in 1991, especially those comprised of
youths, are given fuller treatment in Edward Thomas, South Sudan: A Slow Liberation (London: Zed Books, 2015),
pp. 194-206 and 223-239.

sections. Following these attacks, for example, a major conflict erupted between ethnic sub-clans in an
UNMISS PoC site in Juba on 11 May, resulting in deaths and injuries. If fighting continues, the risk of
further divisions and potential problems will likely increase in the PoC sites in Bentiu, Malakal and Juba.
Given the large number of IDPs still seeking refuge at UNMISS PoC sites, this threat presents a real
challenge for protection of civilians within the site. UNMISS is currently working on mitigating
measures.
17.
Thousands of civilians have been displaced by the recent fighting mainly fleeing to swampy
areas where SPLAs mobility is hampered by an absence of roads, including river banks and bushes. In
these locations, civilians often depend on water lilies and fish for food, while drinking river water. There
have been estimates that over 100,000 civilians in Unity have been uprooted from their homes since the
attacks began in late April.2 The UNMISS PoC site in Bentiu has thus far registered and verified over
28,000 additional arrivals between 29 April and 15 June 2015, chiefly women and children, while
additional verification is ongoing. At the time of writing this report, civilians continue to arrive at the site,
after government forces vacated some of the checkpoints and routes that displaced civilians are using to
reach the site.
18.
In Nhialdiu, Guit, Koch, Mayendit, Panyinar and Leer counties, humanitarian organizations were
forced to close down and evacuate staff, while their facilities, including schools, health clinics and
compounds, have been looted and vandalized barely one year after their establishment, following repeated
bouts of destruction by opposing sides. Even though attacks may subside with the arrival of the rainy
season, thousands facing a dire humanitarian situation will have to wait once again before facilities can be
rebuilt to provide them with most needed basic services.
19.
The escalation of a humanitarian crisis can also be closely related to abuses of human rights and
serious violations of international humanitarian law. In addition to alleged violations as a direct result of
the fighting, alluded to in this report, other possible violations tied to the humanitarian situation include
denial of humanitarian relief; destruction of property; violations of physical and mental integrity; and
unlawful displacement of civilians.

III.

Allegations of Human Rights Abuses and Violations

20.
A failure both by the government and anti-government forces to protect civilians from violence
has marked the crisis since its beginning. This recent upsurge, however, has not only been marked by
allegations of rampant killing, rape, abduction, looting, arson and displacement, but by a new brutality
and intensity, including such horrific acts as the burning alive of people inside their homes. (See image 1)
The scope and level of cruelty that has characterized the reports suggests a depth of antipathy that exceeds
political differences.
2

Amnesty International, South Sudan: Escalation of violence points to failed regional and international action, 21
May 2015: https://www.amnesty.org/en/countries/africa/south-sudan/. According to the International Organization
of Migrations Crisis Response Displacement Tracking Matrix for South Sudan from May 2015, over 170,000
individuals have been identified as displaced in Unity state alone, presumably since the beginning of the conflict in
December 2013.

Image 1: Burnt residential tukulsNhialdiu.

21.
Among the most serious allegations that have been received are those concerning the abduction
and sexual abuse of women and girls by government forces and affiliated armed groups. Conflict-related
sexual violence has marred the conflict since its beginning, but reports of rape have increased during the
current wave of fighting, particularly in Unity and Upper Nile. Children have also repeatedly been
observed in uniform or carrying weapons, or both, in the company of both the SPLA and SPLM/A-IO and
their associated armed groups. UNICEF on 18 May indicated that dozens of children in Unity had been
killed, raped and abducted in recent weeks.
22.
According to testimonies from Unity, at least 172 women and girls have been abducted, while at
least an additional 79 were subjected to sexual violence including gang-rape. For example, a survivor
from Koch County narrated to HRD how she was dragged out of her tukul and gang-raped alongside her
neighbour by government soldiers in front of her three-year old child. The soldiers then taunted them that
they would appreciate what men from Mayom County were made of. In another instance, a witness from
Rubkona County narrated that she saw government forces gang-raping a lactating mother after tossing her
baby aside. While in another case, two witnesses from Nhialdiu narrated how a 17-year-old girl was gangraped by armed militia who shot her dead. In at least nine separate incidents, women and girls were burnt
in tukuls after being gang-raped, particularly in Boaw Village of Koch County. In at least five villages in
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Rubkona, Guit and Koch counties, women and girls were shot and killed after they were subjected to
gang-rape.
23.
According only to those interviewed, at least 67 civilians were killed in recent attacks in Unity.
Approximately 40 civilians are reported still to be missing mainly boys who may have been forcibly
recruited. There appears to be a consistent pattern in all the villages where attacks took place; namely of
government forces burning tukuls after looting, including theft of animals. Humanitarian and civilian
objects including schools, health facilities and properties of humanitarian organizations were also
targeted, looted and vandalized. (See image 2)
Image 2: Vandalized Koch Health Facility.

24.
HRD has received at least nine allegations of torture or cruel treatment, referring to victims being
subjected to beating so that they would reveal the whereabouts of opposition forces. In one disturbing
incident, government forces placed a burning-red coal in the palms of a woman and squeezed her palms
into a fist, in an apparent attempt to force a confession about whereabouts of the opposition forces and the
location of cattle.
25.
These figures are certainly an under-representation of the actual magnitude of violations, as they
capture only those victims whose names were provided to HRD. There are additional reports of heinous
8

violations against civilians, where names of victims or specifics of the incidents were not provided to
HRD and are therefore not included in this account.
26.
Due to the recent surge in fighting, as indicated above, an additional 28,000 IDPs have sought
refuge in UNMISS PoC sites in Unity, out of an estimated 100,000 displaced in that state.3 It is difficult to
ascertain where the majority remainder of those displaced in Greater Upper Nile have gone, but multiple
reports indicate that most have waded into the many swamps in these areas where they may be
temporarily out of the reach of the fighting forces. Some have reportedly tried to reach the UN PoC sites
but may have been prevented from doing so. The presence of armed elements around the PoC sites in the
three state capitals in Bentiu, Malakal and Bor has also posed threats to those already inside. The ongoing
fighting outside has not only resulted in injury and death among the displaced seeking safety in the sites,
but has also recently sparked a dynamic of inter-ethnic or even inter-communal violence among rival
groups inside the sites.
27.
Following the attacks, many groups of civilians attempted to make their way to reach the
UNMISS PoC site in Bentiu. In Rubkona County, SPLA forces enhanced existing checkpoints or
established new ones, thus preventing civilians from reaching UNMISS PoC base for humanitarian
assistance. UNMISS received reports that many checkpoints were set up in the bushes and around or in
the vicinity of the PoC site, preventing vulnerable civilians from approaching the base. Indeed, many of
those that came across these checkpoints were attacked, arrested, subjected to sexual violence, torture or
killed.
28.
A long history of conflict in the region has encouraged those living in its towns and villages to
resort to remote refuges during times of danger or uncertainty, but their traditional coping mechanisms
may not suffice this time. As the rebellion spread across Unity, Jonglei and Upper Nile in December
2013, the region was already the most food-insecure part of the country.4 Conditions since then have
hardly been conducive to food production and adequate standards of living. The looming humanitarian
crisis may prove to be at least as devastating to the civilian population as the direct impact of the violence
has been so far.
IV.

Perpetrators and Command

29.
Witness testimonies indicate that attacks on villages in Rubkona County were carried out by
government forces with the support of armed militias or armed youth from Mayom. The SPLA forces
were reportedly led by a Major General from the integrated South Sudan Liberation Army (SSLA) who
advanced to Wicok and Nhialdiu from Wangkai in Mayom. Together with a senior county official for
Mayom, they commanded government forces and armed youth who allegedly played a major role in
looting and burning of homes and abduction of women. Such information has been provided and
corroborated by witnesses. One witness indicated that a local chief in one of the villages in Rubkona

Throughout the country, UNMISS hosts more than 135,000 displaced persons according to the most recent figures.
See joint WFP/FAO press release of 7 March 2014: http://www.wfp.org/news/news-release/south-sudan-conflictreverses-progress-food-security.
4

County confronted the Mayom county official (apparently because the chief knew him) and asked him
why he was leading youth to harm civilians and steal their properties.
30.
Attacks in Guit and Koch counties were carried out by government forces and armed youths led
by two SPLA brigadier generals from the integrated SSLA and a senior county official for Koch County,
according to witness testimonies. Such information was provided and corroborated by several witnesses.
31.
Lastly, attacks in Mayendit, Leer and Panyjar counties were reportedly carried out by government
forces and armed youths from neighbouring Lakes State. So far UNMISS has been able to interview only
one witness in relation to this. However, opposition officials have informed UNMISS that a senior county
official from Rumbek East County was among the commanders.
32.
In each of the attacks, the government forces were identified by their uniforms, insignia, tribal
marks, language and known acquaintances. Armed militia or youth who also took part in the attacks
carried AK-47s, or simple or crude weapons such as spears, machetes and sticks.

V.

Engagement with State and Non-State Authorities

33.
On 15 May, UNMISS sent a letter to the SPLA and civilian authorities requesting the SPLA to
allow unhindered movement of civilians fleeing conflict and ensure their safe passage to UNMISS PoC
site, urging them to protect and respect the human rights of all. In subsequent meetings with state officials
UNMISS called on them and the SPLA to guarantee UNMISS personnels freedom of movement to
locations where human rights violations had occurred and to allow freedom of movement for all civilians.
34.
On several occasions, UNMISS contacted the opposition in Unity state to advise them that
civilians should not be prevented from seeking protection at the UNMISS PoC site or any other locations
where they may wish to seek protection and assistance, and that their movement should he unhindered. To
date there have been no reports about the opposition restricting or denying movement of civilians,
humanitarian organizations or UNMISS.
35.
At the national level, following statements issued by the UN on the attacks by the government
forces, the SPLA stated that it would support investigations into any wrong-doing by the army, while
denying that its forces were involved in human rights violations. Army spokesman Colonel Philip Aguer
has been quoted as stating: there are organizations that are tarnishing the image of the SPLA as an army.
In our rules of engagement, I really doubt the credibility of those people who say they witnessed raping
and killing. However, we continue to welcome an investigation into all the allegations.5
36.
On 26 May, the National Minister for Defence issued a four-point Ministerial Order requiring the
SPLA and authorities to respect and protect the rights of civilians, to allow unhindered access to
humanitarian organizations and the United Nations, to provide unconditional safety access to all
humanitarian flights, and to ensure that the SPLA elements adhere to its rules and regulations. The
5

Voice of America, Sudanese Army Claims Capture of Rebel Stronghold, May 21, 2015.

10

Minister further ordered that directives be issued to all units to that effect. [See annex Ministerial
Order.]
37.
Despite such assurances, experience has shown that the culture of impunity remains strong in
South Sudan. Reports from past national inquiries into allegations of human right violations and abuses
have not been released to public scrutiny. This practice has made it impossible to assess the credibility
and impartiality of such investigations, including their conformity with applicable international standards.
It has equally prevented any attempt to pursue accountability.

VI.

Concluding Observations

38.
An escalation of the conflict in Greater Upper Nile has led to a serious deterioration of the human
rights situation in northeastern South Sudan over the past two months. In Unity, UNMISS has already
conducted dozens of interviews with displaced civilians who were victims and witnesses of alleged
atrocities by SPLA and associated forces since late April, as they pushed south from Mayom and Bentiu
toward the opposition-held zone around Leer, destroying villages on the way.
39.
On 11 May, following initial interviews, UNMISS released a press statement on the ongoing
violence, highlighting concerns about continuing and consistent reports of the burning of towns and
villages, killings, abductions of males as young as 10 years of age, abduction and rape of girls and women
and the burning alive of people inside their homes. While approximately 28,000 IDPs have managed to
find refuge at the PoC site in Bentiu during the period covered in this report, UNMISS fears for the fates
of the many thousands of IDPs stranded in the swamps of southern Unity.
40.
In a demonstration of international consensus to condemn the alleged atrocities, press releases
related to the fighting in Unity and Upper Nile were issued by a number of international sources,
including press releases by the United Nations Security Council on 17 May, followed by the SecretaryGeneral on 20 May. On 18 May UNICEF issued a statement reporting that dozens of children in Unity
had been killed, raped and abducted in recent weeks. The African Union joined the refrain on 24 May, not
only condemning the human rights violations, but also demanding sanctions and an arms embargo.
Amnesty International released a report on 21 May following a research visit to Bentiu, detailing human
rights violations and also calling for sanctions.
41.
The SPLA spokesperson has repeatedly dismissed claims of SPLA committing human rights
violations and stated that he welcomed investigations into the allegations. UNMISS calls on the SPLA to
honour this commitment and grant HRD unfettered access to the sites of reported violations. Revealing
the truth of what happened offers the best hope of holding perpetrators to account and ultimately ending
the cycle of impunity that allows such terrible violence against civilians to continue. All parties must
cease acts amounting to human rights violations and violations of international humanitarian law, while
the Government of South Sudan must carry out comprehensive, credible and transparent investigations to
ensure that perpetrators are brought to justice.

11

Annex.

12

13